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OSHA withdraws infectious disease rule amid Trump administration’s regulatory review

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Washington — OSHA’s proposed rule on infectious diseases in “health care and other high-risk environments” is among the potential regulations listed as “withdrawn” on the White House Office of Information and Regulatory Affairs website.

What that ultimately means for the proposed rule is unclear. An OSHA spokesperson told Safety+Health the agency had no comment.

The withdrawal likely stems from an Executive Order signed by President Donald Trump on Jan. 20. Among the EO’s provisions: “Immediately withdraw any rules that have been sent to the Office of the Federal Register but not published in the Federal Register, so that they can be reviewed and approved” by a department or agency head appointed or designated by the president.

The fate of the proposed rule may become more clear when the Trump administration publishes its first regulatory agenda, expected sometime in the next few months.

In a final rule published Jan. 15 that terminated its rulemaking on COVID-19 exposure in health care settings, OSHA said it was focusing its resources on the proposed rule on infectious diseases. That standard was expected to cover diseases such as tuberculosis, MRSA, influenza and COVID-19.

A corresponding press release announcing the decision now contains the note: “Information in some news releases may be out of date or not reflect current policies.”

Along with health care settings, the proposed rule was expected to apply to “other occupational settings where employees can be at increased risk of exposure to individuals who are potentially infectious.” Among them:

  • Emergency response
  • Correctional facilities
  • Homeless shelters
  • Drug treatment programs
  • Laboratories
  • Pathologists
  • Coroners’ offices
  • Medical examiners
  • Mortuaries

The proposed rule had been under OIRA review from Nov. 8 until Jan. 14.

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